Understanding How DUIs Are Issued
Most people assume that if they drive at all after consuming alcohol, they will easily and quickly find themselves on the wrong side of a DUI charge. However, you can only be charged with a DUI in the state of New Jersey if your blood alcohol content (BAC) is greater than 0.08% when you are operating a vehicle. In today’s post, we’ll discuss what police officers are looking for when they suspect drunk driving and how they can issue a DUI if there is proper evidence.
If you have been charged with a DUI in New Jersey, get in touch with our DUI attorney at the Law Office of Jordan B. Rickards. Mr. Rickards is an experienced lawyer and he will work with you to determine if your DUI was issued properly or if you can receive a reduced sentence.
The State Of Your Driving
The first thing that determines the beginning of the DUI process is when an officer observes a driver who is driving unsafely. In some cases, they may choose to follow and observe for a bit if they see suspect driving, and in others, it will be immediately apparent that the driver is driving under the influence of alcohol. If they do determine that they believe the individual is not driving safely and may be under the influence, they will then pull the driver over.
Personal Interview
Once the officer has pulled the driver over, they will begin interacting with the individual who was driving the car. During this initial contact phase, the officer will observe the driver and ask a few initial questions to further work to determine sobriety. If the driver does not give proper responses, the officer will then move on to the final phase of DUI detection. This is called the pre-arrest screening, and it will be the final determining factor as to whether a DUI is issued.
Pre-Arrest Screening Process
This last part of the DUI process is where the police officer will usually perform a field sobriety test. While they may implement a few different tests, the National Highway Traffic Safety Administration (NHTSA) recognizes three standard tests. These are the one-leg stand test, the walk and turn test, and the horizontal nystagmus test. Each of these tests are a bit different and the officer is required to explain and demonstrate the test and make sure you understand what to do before proceeding. We’ll take a quick look at each of these three tests below.
One-Leg Stand Test
During this test, you will raise one leg with your foot parallel to the ground and about six inches high. You will need to keep your hands at your sides and begin counting while looking at your foot until you are instructed to stop by the officer. During this time, they will be looking for signs that indicate loss of balance like swaying or having to repeatedly put your foot down.
The Walk and Turn Test
For the walk and turn test, you will be instructed to walk in a straight line heel-to-toe on either a real or imaginary line, then you will pivot back and walk again in the same fashion the other way. During the test you will have to keep your arms at your side and watch your feet as you count your steps aloud. Once again, the officer will be looking for signs of poor balance or inability to walk in a straight line.
Horizontal Nystagmus Test
This final test will have the suspect following an item like a pen or the officer’s finger with their eyes only. The officer will take note if there is any “nystagmus” which is an involuntary jerking of the eye. Nystagmus is associated with a high blood alcohol concentration, and can become more pronounced the higher the alcohol consumption.
Get An Experienced DUI Lawyer On Your Side
If you have been arrested for a DUI, it is important that you hire an experienced lawyer in New Jersey. While the pre-arrest screenings are fairly accurate, they are not always perfect due to a wide variety of circumstances. The Law Office of Jordan B. Rickards will examine your case and work with you to the best of our ability to reduce your charges when possible. Contact Mr. Rickards today to discuss your own DUI case.
